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MYERS v. CRESTWOOD METALS CORP.

40 A.D.3d 376 (2007)

836 N.Y.S.2d 75

KAREEM MYERS, Appellant, v. CRESTWOOD METALS CORP. et al., Respondents, and HENRY HENRIQUEZ, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 15, 2007.

Crestwood and McLean failed to make a prima facie showing of entitlement to judgment as a matter of law. In support of their motion they submitted, among other things, the deposition testimony of plaintiff and McLean. Plaintiff testified that the accident occurred because McLean, who was operating Crestwood's tractor trailer, abruptly cut in front of the livery car in which plaintiff was a passenger. McLean testified that the accident...

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